Legal And
Human Rights
Groups Issue
Open Letter
Warning Of
Illegality Of
Any Offensive
Military Action
By U.S.Against Iran

WASHINGTON -
February 1 - Today European, international and United States legal and human
rights groups issued an open letter warning of the illegality of any offensive
military action by the United States against Iran. Signatories include the
American Association of Jurists, Center for Constitutional Rights (U.S.), Droite
Solidarite (France), European Association of Lawyers for Human Rights and
Democracy, Italian Association of Democratic Lawyers, Haldane Society (United
Kingdom), International Association of Democratic Lawyers, Indian Association of
Lawyers, (India), Japanese Association of Lawyers for International Solidarity,
(Japan), Lawyers Against War (Canada), National Lawyers Guild (U.S.), Progress
Lawyers Network (Belgium).

Open Letter to All Members of Congress, the Bush Administration And the U.S.
Armed Forces From Legal and Human Rights Groups

There are increasing indications that the Bush administration intends to take
military action against Iran. There are also indications that the administration
would support military action by Israel against Iran.

The undersigned organizations issue this Open Letter to All Members of Congress,
the Administration and the U.S. Armed Forces to reiterate their affirmative
duties to prevent military action and to refrain from ongoing threats to peace.

Offensive military action against Iran would be illegal, as the United States is
bound under the United Nations Charter to settle international disputes by
peaceful means and to refrain from the threat or use of force against the
territorial integrity of any state or act in any other manner inconsistent with
the purpose of the United Nations. (Article 2 sections 3 and 4). While Article
51 of the charter recognizes the inherent right of individual or collective self
defense, such a right exists only if an armed attack occurs and is allowed only
until the Security Council can take measures necessary to maintain international
peace and security. Any other type of military action by the United States would
not be in compliance with the UN Charter.

The UN Charter, as a treaty ratified by the U.S., is part of the Supreme Law of
the United States under Article VI §2 of the United States Constitution. If the
President and Congress fail to abide by the law as provided in the Constitution
they violate their sacred oaths of office.

Any military action against Iran in the absence of a military strike by Iran
would be a war of aggression outlawed under Article 2(4) of the UN Charter.

If the United States or any other nation were to act outside of its UN
obligations it would risk starting a war of aggression and committing a crime
against peace. Furthermore, the sending of aircraft carriers combined with
recent threatening statements constitutes a threat to wage a war with Iran. This
is also prohibited by the Charter. Principle VI of the Nuremberg Principles also
makes crimes against peace punishable under international law. Crimes against
peace include: planning, preparation, initiation or waging a war of aggression
in violation of international treaties, agreements, or assurances, or
participation in a common plan or conspiracy to accomplish these acts.

The United States and all countries that have ratified the UN Charter are
required to abide by their obligations under it. It is in the interests of all
countries of the world that the United Nations be a viable multilateral
institution capable of carrying out the mission of its charter to preserve peace
and promote development and human rights. Actions which violate that charter
undermine it. Actions by the U.S. which violate the charter prevent the UN from
acting effectively; they also undermine the credibility of the United States in
the world community. The U.S. cannot demand that other countries obey the terms
of the UN Charter while it is violating those very provisions with impunity.

The War Powers Act, which requires congressional approval of military action,
must be read consistently with our obligations under the UN Charter and
international law not to engage in wars of aggression. We urge:

1. The President, Vice President, and all other members of the Bush
administration who have a decision-making role with regard to taking military
action in Iran, to immediately renounce such efforts to engage in this war;

2. The members of the military to refuse any requests by the administration to
invade or take other military action against Iran in light of the illegality of
such actions; and

3. That Congress immediately pass a binding resolution reaffirming the United
States’ legal obligations and informing the President and the administration
that it will not concur in any invasion of or military action against Iran,
would refuse to approve funding for any such military action, and would consider
actions taken in contravention of the resolution as impeachable offenses.